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| Criminal Code | |
|---|---|
| Parliament of Canada | |
| |
| Citation | RSC 1985, c C-46 |
| Enacted by | Parliament of Canada |
| Enacted | First enacted: SC 1892, c 29; carried forward in statute revisions, RSC 1906, c 146 and RSC 1927, c 36; substantially revised and re-enacted, SC 1953-54, c 51; carried forward in statute revisions, RSC 1970, c C-34 and RSC 1985, c C-46 |
The Criminal Code (French: Code criminel) is a law of the Parliament of Canada that codifies most criminal offences and procedures in Canada. Its official long title is An Act respecting the Criminal Law (French: Loi concernant le droit criminel). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46 [1] and it is sometimes abbreviated as Cr.C. (French: C.Cr.) in legal reports.[2] Section 91(27) of the Constitution Act, 1867 establishes that the Parliament of Canada has sole jurisdiction over criminal law.
The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act and the Contraventions Act. The Code underwent a major revision in 1954 but nonetheless remains the fundamental criminal law of Canada, despite several initiatives at major reform or the enactment of a new criminal code entirely[3][4][5][6]. In 2019, the Trudeau government made a large revision to the Code which repealed numerous unconstitutional or archaic offences that had remained in it up to that point[7].
One of the conveniences of the Criminal Code was that it constituted the principle that no person could be convicted of a crime unless otherwise specifically outlined and stated in a statute. This legal document has played a major part in Canada's history and has also helped form other legal acts and laws, for example, the Controlled Drugs and Substances Act.[8]
- ^ R.S.C. 1985, c. C-46, as amended.
- ^ "Précis de la Référence Juridiquede Lacour D'Appel du Québec" [The Court of Appeal of Quebec Guide to Legal Citation] (PDF) (in French). p. 18. Archived (PDF) from the original on 2022-02-19. Retrieved 2021-04-08.
- ^ "The Criminal Mind: Repealing law suits for modern times". www.lawtimesnews.com.
- ^ Sankoff, Peter. "The problem with the Travis Vader verdict". www.ualberta.ca.
- ^ "The Art of Law". www.ualberta.ca. Retrieved 5 December 2024.
- ^ "Is It Time to Overhaul the Criminal Code of Canada?" (PDF). Macdonald-Laurier Institute. Retrieved 5 December 2024.
- ^ "Consolidated federal laws of canada, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts". laws-lois.justice.gc.ca. 14 January 2020.
- ^ "1892, Canada's Criminal Code". Duhaime.org – Learn Law. Archived from the original on 2020-12-16. Retrieved 2016-09-19.